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Series 63: Remedies & Administrative Provisions
Series 63 practice questionhardAiding and Abetting: Delegation

A William Blair agent delegates a sales presentation to a junior colleague, aware the colleague routinely omits key risk details. A client is defrauded due to these omissions. Which statement BEST describes the delegating agent’s liability?

  1. ALiable as a primary violator of fraud.
  2. BPotential joint and several liability as a materially aiding person under Section 410(c), subject to the statutory defense✓ Correct answer
  3. CNot liable if the agent did not directly interact with the client.
  4. DLiable only if the omissions were intentional.
Explanation

Why BPotential joint and several liability as a materially aiding person under Section 410(c), subject to the statutory defense

Knowingly delegating a presentation while aware that material risks are routinely omitted can support a finding that the delegating agent materially aided the conduct. The applicable model-Act provision is Section 410(c), not Section 410(f), and it includes a lack-of-knowledge and reasonable-care defense.

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